Gordon Russell (UK) Ltd v Warwick [2006] EWCA Civ 1851 (30 November 2006)

Gordon Russell (UK) Ltd v Warwick [2006] EWCA Civ 1851 (30 November 2006)

The contract was formed upon the acknowledgment of order, incorporating the standard conditions of sale, including the payment term requiring payment by the end of the calendar month following the invoice. The judge's finding on the formation and terms of the contract was a question of fact and was not erroneous in law or evidence.

Citation
[2006] EWCA Civ 1851
Parties
Claimant/respondent: Gordon Russell (UK) Ltd; Defendant/appellant: Warwick
Jurisdiction
England and Wales
Judgment Date
30 November 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Formation of Contract, Interpretation of Contract Terms, Payment Terms
Contract Law Formation of Contract Interpretation of Contract Terms Payment Terms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gordon Russell (UK) Ltd

Claimant/respondent

Warwick

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the payment term in the contract was as per the standard conditions of sale or as per the varied term on the quotation
  2. 2 Whether the quotation signed by Mr Warwick constituted an offer or an invitation to treat

Ratio Decidendi

The contract was formed upon the acknowledgment of order, incorporating the standard conditions of sale, including the payment term requiring payment by the end of the calendar month following the invoice. The judge's finding on the formation and terms of the contract was a question of fact and was not erroneous in law or evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.